Legal Opinion

Baer v. State Life Insurance

Supreme Court of Pennsylvania

Decided January 8, 1917No. Appeal, No. 96PublishedCited by 20 opinions

Appeal, No. 96, Oct. T., 1916, by defendant, from judgment of O. P. Allegheny Co., April T., 1915, No. 1410, on verdict for plaintiff, in case of Emma Baer v. The State Life Insurance Company. Assumpsit on a life insurance policy. Before Carpenter, J. From the record it appeared that this action of assumpsit was brought to recover $5,000, being the amount of a policy issued by defendant on the life of plaintiff’s husband, John Moses Baer.

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Appeal, No. 96, Oct. T., 1916, by defendant, from judgment of O. P. Allegheny Co., April T., 1915, No. 1410, on verdict for plaintiff, in case of Emma Baer v. The State Life Insurance Company. Assumpsit on a life insurance policy. Before Carpenter, J. From the record it appeared that this action of assumpsit was brought to recover $5,000, being the amount of a policy issued by defendant on the life of plaintiff’s husband, John Moses Baer. The policy was issued July 28, 1913, and the first year’s premium was paid by the insured July 31, 1913. The insured died May 4, 1914. Defendant refused to…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

In this action of assumpsit the plaintiff sought to recover the amount of a policy of insurance upon the life of her husband. Payment was refused on the ground that the insured had made false representations in his application, as to his state of health, and as to the time when he had last consulted a physician. The answers alleged to be untrue are contained in the medical examiner’s report, which was filled out by the examiner and signed by the applicant. It was stipulated that these statements were part of the consideration for which the policy was issued, and…

2Cases cited3 opinions

  1. Suravitz v. Prudential InsuranceSupreme Court of Pennsylvania · 1914
  2. Barnes v. Fidelity Mutual Life Ass'nSupreme Court of Pennsylvania · 1899
  3. Oplinger v. New York Life InsuranceSupreme Court of Pennsylvania · 1916

3Cited by20 opinions

  1. Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
  2. Suravitz v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1918
  3. Livingood v. New York Life Ins. Co.Supreme Court of Pennsylvania · 1926
  4. Travellers Insurance v. Heppenstall Co.Supreme Court of Pennsylvania · 1948
  5. Skruch v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1925

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